Summary: We will not investigate this complaint about inaccurate information contained in Ms B’s Care Needs Assessment. This is because the Council has agreed to undertake a further assessment to determine Ms B’s mobility and independence. We could achieve no more than this even if we investigated.

The complaint

1. Ms B complained that Care Needs Assessments completed by the Council were factually incorrect and did not take into consideration that she cannot cope. Ms B says the Council should not have contacted her previous GP, this is a breach of her personal data, she is not independent in her own home and does not have regular contact with family and friends as recorded in the assessment.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council apologised for the delay in completing Ms B’s assessment and for failing to contact her when she requested an update. We could achieve no more than this even if we investigated.
7. The Council says it spoke to Ms B approximately nine times in order to gather information for the assessment, during one of these call Ms B gave her permission for the social worker to speak to her GP. The Council confirmed it only spoke to the GP about Ms B’s health and the discussion did not influence the outcome of her assessment. We could not make a finding on what was said in a telephone conversation we were not party to but if Ms B believes the Council has breached her personal data it would be reasonable for her to ask the Information Commissioner’s office (ICO) to consider her concerns.
8. Although Ms B disagrees with the Council’s assessment that she can mobilise independently in her own home and that she has regular contact with family and friends, we could not make a different finding even if we investigated. Ms B’s independent advocate was present during the assessment and agreed with the outcome. The Council says it will undertake a further assessment with a different social worker if Ms B agrees to this. We could achieve no more than this.

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Final decision

9. We will not investigate Ms B’s complaint because we could not achieve a different outcome to that already proposed by the Council.

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Investigator's decision on behalf of the Ombudsman